If a District Court judge dismissed2 charges against me and he actually said case dismissed how can they recharge and indict me 2 years later?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a District Court judge dismissed2 charges against me and he actually said case dismissed how can they recharge and indict me 2 years later?
Asked on September 16, 2011 under Criminal Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In criminal and civil actions a case can be dismissed "with prejudice" or "without prejudice." There is a big difference between these two types of dismissals. When a case is dismissed "without prejudice," this means that the person or entity that filed the legal action can refile the lawsuit against the same defendant assuming the statute of limitations has not run.
However, when a case is dismissed "with prejudice," this type of dismissal means that the lawsuit against the person that just received this type of dismissal cannot be refiled.
In your situation, even though the District Court judge dismissed the two (2) charges against you several years ago in a prior criminal action, most likely the charges were dismissed "without prejudice" and the federal prosecution has since elected to refile the same charges against you.
I suggest that you meet with a criminal defense attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.